A discussion of identifying material for commercially exploited mask works containing trade secrets is set forth in Section 1213.2 below. A discussion of identifying material for mask works that have not been commercially exploited but contain trade secret material is set forth in Section 1213.4 below.
All visually perceptible representations should be reproduced at a magnification sufficient to reveal the basic circuitry design of the mask work and should be at least twenty times the actual size. Poor resolution plots will be questioned, which could delay the effective date of registration. Large visually perceptible materials are acceptable if they can be folded or cut into a roughly 8V2 inches by 11 inches format and are storable in a 12 inches by 15 inches envelope.
Titles should be placed on all identifying materials so that applications and deposit materials can be matched.
1213.1 ID Material for Commercially Exploited Mask Works
For a commercially exploited mask work, the applicant is required to submit the following as identifying material:
• Four chips (dies) as first commercially exploited; and
• One full set of visually perceptible representations of each layer of the mask work.
37 C.F.R. § 211.5(b)(1). The U.S. Copyright Office will accept the deposit of loose chips in plastic containers or plastic bags, defective chips (commonly marked with a dot on the surface of the chip), and chips in pronged housings. The Office will not accept the deposit of chips in wafer format. Chips that do not appear to be integrated into a semiconductor substrate will be questioned.
Regarding the visually perceptible representations, the applicant may elect to deposit plastic color overlays, composite plots, or photographs of each layer of the mask work, or any combination thereof. Id.
1213.2 ID Material for Commercially Exploited Mask Works Containing Trade Secrets
If the commercially exploited mask work contains trade secrets, the identifying material should consist of:
• Four chips as first commercially exploited;
• Special "identifying portions" (defined below) for no more than two of each of the five layers of the mask work in which trade secrecy is claimed; and
• Color overlays, plots, or photographs for all other layers.
The identifying portions should consist of (i) a printout of the mask work design data pertaining to each withheld layer, reproduced in microform, or (ii) visually perceptible representations, such as sets of plastic color overlay sheets, drawings or plots in composite form on a single sheet or on separate sheets, or photographs of each layer of
Chapter 1200 : 20
12/22/2014
